NORTH PLATTE, Neb. (AP) – A 72-year-old North Platte man who had
violated terms of his probation for shooting a man trimming a neighbor’s bushes has been given three years in prison.  James Benak had pleaded no-contest in March 2010 to two counts of attempted assault. In May 2010 he was given five years of probation. Police say Benak had threatened to shoot Ted Herrick and his brother in September 2009 for making too much noise. Herrick told police that Benak used a handgun to shoot at Herrick. The bullet grazed Herrick’s stomach. North Platte television station KNOP reports that while on probation, Benak was caught using marijuana. Officers also say they found alcohol and ammunition in Benak’s home.